| 1. CALL TO ORDER BY THE HONORABLE MAYOR DARREN M. CORDOVA
|
| |
The Regular Meeting of the Taos Town Council was called to order by the Honorable Mayor Pro Tem Abeyta at 1:35 p.m.
|
| |
Ms. Renee Lucero, Town Clerk, called roll and a quorum was present.
Those present were:
Mayor Pro Tem, Rudy C. Abeyta
Councilmember, A. Eugene Sanchez
Councilmember, Amy J. Quintana
Councilmember, Michael A. Silva
Youth Councilmember, Brooke Cisneros (arrived at 3:20 p.m.)
Also present were:
Town Manager, Daniel Miera
Town Clerk, Renee Lucero
Town Attorney, Allen Ferguson
Those absent/excused were:
Mayor, Darren M. Cordova
Assistant Town Manager, Abigail Adame
|
| |
Councilmember Silva led the audience in the pledge of allegiance.
|
| |
Move Item 7.A. to Item 6.A.;
Move Item 11.B. after Citizens Forum;
Move Item 11.C. after Citizens Forum;
ADD After Item 11.A. - General Discussion.
Councilmember Silva made a motion to approve the Agenda as amended. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| |
Councilmember Silva made a motion to approve the Minutes of April 26, 2011 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| |
Councilmember Sanchez requested an amendment on page 3, line 37, by changing the word "responsibly" to "irresponsibly".
Councilmember Quintana made a motion to approve the Minutes of May 5, 2011 as amended. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| A.
| Daniel Miera, Town Manager
Presentation by Susan Vernon's sixth grade class at Taos Charter School regarding the progress of the campus landscape restoration. | |
| |
Ms. Vernon stated her students have undertaken a project to restore the campus landscaping to native non-invasive species. Ms. Vernon thanked all community partners who assisted with the project.
Students Elizabeth Pacheco, Julia Mendez-Varos, Jack Gwinn, and Alijah Tafoya gave a presentation and explained that the project began when tumbleweeds covered the grounds at their school shortly after it was built and stated that was the beginning of "Go Native", their school's commitment to restoring the campus to native and non-invasive plant species.
The students continued to explain that they have been planting trees, mulching to suppress weeds, planting and harvesting fruits and vegetables and pulling tumbleweeds.
In addition, the students stated their project was made possible through a grant received from New Mexico State Forestry Releaf Grant. Furthermore, they received donations in the form of cash, supplies and plants from many local businesses and organizations.
Mayor Pro Tem Abeyta and Councilmembers thanked the students for their outstanding presentation and stated it was very informative and educational.
|
| B.
| Taos Fiesta Council
Members of the Taos Fiesta Council introduced themselves to the Mayor and Council: Joseph Quintana, President; Kathleen Branchal, Secretary; Anita Bringas, Treasurer. Bardo Coca,Vice President, was absent. | |
| |
Mr. Quintana stated the Fiesta Council plans to keep the Town Council informed of Fiesta activities by presenting periodically during Council Meetings until the Taos Fiestas scheduled for July 22 - 24, 2011. He thanked the Mayor and Council for the support they have provided over the past several years.
Ms. Bringas stated their focus is to improve transparency and to continue collaboration with the community. She stated they also plan on involving several youth organizations with Fiestas activities.
|
| C.
| Karel Mirabal, Taos County Juvenile Justice Board | |
| |
Ms. Mirabal invited the Mayor, Council and community to attend a free training regarding gangs and substance abuse on June 16, 2011, from 8:00 a.m. to 5:00 p.m. at Kachina Lodge. She stated over-the-counter drugs and prescription drugs are becoming more of a trend, which has led to concern among community leaders. She is hoping this training brings more awareness to the community.
|
| D.
| Matthew Spriggs, Arts & Cultural District | |
| |
Mr. Spriggs clarified the Arts and Cultural District is a non-profit organization and has been in operation since July of 2009. He stated they are currently waiting for certification through the IRS, which is a long process. He further stated the Arts and Cultural District does not intend to request continuous financial support from the Town; however they do intend to have a continued partnership with the Town.
Furthermore, Mr. Spriggs stated the economic impact of the Arts and Cultural District to the Town is approximately $250,000 since the fall of 2009. He believes it is a good investment and looks forward to a continued partnership with the Town.
Councilmember Sanchez asked about the status of the Art Space program. Mr. Miera stated the Town is moving forward with the program and is still supporting it.
|
| A.
| Amos Torres, Public Utilities Director
Consideration and approval of Amendment #7 to Contract #TT-09-133 with Souder Miller and Associates for additional construction management and engineering services provided at the Taos Valley Regional Wastewater Treatment Facility. The additional service is required due to the construction delays. The amount includes $29,310 plus NMGRT for the month of March and $20,000 plus NMGRT a month for the months of April through July, for a total of $109,310 plus NMGRT. | |
| |
Councilmember Quintana made a motion to approve Amendment #7 to Contract #TT-09-133 with Souder Miller and Associates as presented. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| A.
| Manuel Pacheco, Buildings & Grounds Director
Consideration and approval of Ordinance 11-09; An Ordinance adopting by reference the 2009 New Mexico Building Codes. Adoption includes the repeal and replacement of Ordinance 08-07 and also the repeal and replacement of Section 16.040.2 of the Town of Taos Municipal Code and Section 1-4.2 of the Town of Taos Land Use Development Code (LUDC). | |
| |
Mr. Pacheco presented Ordinance 11-09 to the Mayor and Council.
Public Opinion
Mayor Cordova opened the public hearing. No one came forward.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Councilmember Sanchez asked Mr. Pacheco to clarify the amendments. Mr. Pacheco stated the Ordinance will adopt the new 2009 New Mexico Code as well as the International Property Maintenance Code.
Councilmember Sanchez made a motion to approve Ordinance 11-09 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| B.
| Allen Ferguson, Town Attorney
Consideration and approval of Ordinance 11-10 authorizing and approving a lease agreement with the Regents of the University of New Mexico for UNM's lease of 114 Civic Plaza Drive for UNM Taos Branch offices. The lease will be for approximately 3,986 square feet of the 4,976 square foot building and the lease amount will be $ 4,421.63 per quarter (equivalent to $1,473.88 per month) the same as UNM is currently paying under its expired lease. The appraised value of the portion of the property to be leased is $365,000 or $3,256.56 per month. The Ordinance permits the rental amount to be less than the appraised fair rental value because the lessee is a governmental entity and because the mission served by the lease of these premises to UNM is consonant with the Town's mission to further the welfare of the Taos community and its people. The ordinance attaches a proposed form of lease agreement and provides that the parties may make mutually agreeable changes consistent with the terms of the ordinance. | |
| |
Mr. Ferguson presented Ordinance 11-10 to the Mayor and Council.
Public Opinion
Mayor Cordova opened the public hearing. No one came forward.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Councilmember Silva stated it is important to work with UNM as they are an asset to the community.
Councilmember Silva made a motion to approve Ordinance 11-10 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| 9. MATTERS FROM THE TOWN ATTORNEY
|
| A.
| Brenner Parking Lot Lease
Consideration and approval of a 3-year lease by the Town from the owner, Anne Brenner, of a portion of the land that is the municipal parking lot off of Camino de la Placita near the Bent Street shops. Rental would be $1700 per month. | |
| |
Mr. Ferguson stated both parties have agreed to a monthly payment of $1,700 for a lease of three years. In addition, Mr. Ferguson stated four parking passes will be issued by the Town.
Councilmember Silva asked if there are provisions in the lease with regards to rate adjustments after three years. Mr. Ferguson stated there are none as both parties are in agreement that three years is a sufficient amount of time for the owner and the Town to decide what to do next.
A discussion ensued about possibly amending the lease to include verbiage that the Town will negotiate a new contract with the owner 120 days prior to expiration of the lease. In addition, the discussion included the possibility of assigning a value of $40 per parking pass per month.
Mr. Ferguson stated negotiations have taken a great deal of time and asked Scott Sanger, attorney for the owner, if he has the authority to amend the lease. Mr. Sanger stated Ms. Brenner has agreed to the lease as it is being presented. He does not recommend changing it because further negotiations could take a lot of time.
Councilmember Silva made a motion to approve the three year Brenner Parking Lot Lease as presented and directed staff to contact Ms. Brenner 120 days prior to expiration of the lease. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
Mr. Sanger stated he has worked with nine Town Attorneys and he believes Mr. Ferguson has done the best job. He stated it has been a pleasure working with him (Mr. Ferguson plans to retire at the end of May, 2011).
Mayor Pro Tem Abeyta wished Mr. Ferguson good luck in his endeavors and thanked him for the excellent job he did.
Mr. Miera stated, on behalf of the staff, he enjoyed working with Mr. Ferguson and he will be missed.
The Councilmembers also thanked Mr. Ferguson for his hard work.
Mr. Ferguson thanked everyone for their comments. He stated he enjoyed his time at the Town and working with each employee.
|
| B.
| Status Report - Chamisa Verde Affordable Housing Ordinances
Status Report and Council Discussion of Chamisa Verde Affordable Housing Ordinances. Presentation of steps completed and required and discussion of policy issues seeking Council direction related to Chamisa Verde-specific ordinances prior to re-submitting drafts to MFA for their review and approval. | |
| |
Mr. Ferguson stated he and Judith Tamm, Taos Housing Corporation Executive Director, are making progress with regard to the affordable housing program. Mr. Ferguson stated Council enacted the new umbrella ordinance - Ordinance 11-03 - which was a major step. He also submitted a new proposed Chamisa Verde Ordinance amending Ordinance 05-04 to the Mortgage Finance Authority (MFA) and before they approve the ordinance, they requested title searches on all lots, especially the infill lots that the Town hopes to develop. He stated the title searches are complete and now MFA has instructed him to proceed with amending Ordinance 05-04, but only for the development of the infill lots; leaving the remaining lots under a separate ordinance.
Mr. Ferguson stated the title searches for the infill lots indicate that the Town owns the properties and has all necessary easements; however, the warranty deed from Mr. Gonzales to the heirs of the La Serna Land Grant comes up in the title search for all lots. He is not certain how MFA will deal with that situation, and he is hoping the they can be convinced it is not an issue.
Ms. Tamm reiterated that Ordinance 05-04 needs to be amended and stated she will undertake some of the writing of the ordinance and bring it back for Council review.
Mr. Ferguson asked the Council whether an RFP should be issued for the transfer of infill lots to qualifying grantee developers. He stated MFA does not require an RFP; however, he recommends it to make the process transparent. The Council expressed that they agreed with Mr. Ferguson's recommendation.
A lengthy discussion ensued about confusing and conflicting language in the current ordinance regarding an asset cap for home buyers and also whether the Town wants loans to be forgiven over time.
Council directed Ms. Tamm to amend the ordinance to include an asset cap and include language about loans being forgiven over time in accordance with MFA guidelines.
|
| 10. MATTERS FROM THE TOWN MANAGER
|
| A.
| Resolution 11-23
Consideration and approval of Resolution 11-23; Speed Hump Planning Resolution. | |
| |
Mr. Miera explained how speed humps affect emergency response time. He stated the Resolution requests that Taos County officials consult with Town emergency responders prior to installing speed humps since Taos Fire Department responds to several calls outside of Town limits.
Councilmember Quintana made a motion to approve Resolution 11-23 as presented. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| 11. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
|
| A.
| Designation of Code Administrator
This is a request by Mayor Darren Cordova, and with the consent of the Town Council, to designate William Morris, AICP, Planning and Zoning Director as the Code Administrator for the Town of Taos, consistent with Section 16.12.010 of the Town Code. | |
| |
Councilmember Silva made a motion to designate William Morris as Code Administrator. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| |
Councilmember Sanchez asked if the Town owns the sidewalk that is located on the east side of Camino de la Placita near the Guadalupe Parking Lot. He stated he believes a shop owner in the area wants to add a stairway to their business, similar to a stairway which is already in that location for another business.
Mr. Miera stated he believes the sidewalk is public right of way, however he will need to confirm with staff.
Councilmember Sanchez also asked that there be enough police enforcement around Taos Plaza during the holidays to deal with graffiti and panhandlers. In addition, he asked that the Busker Ordinance be complied with. Mayor Pro Tem Abeyta agreed that there should be more police enforcement.
Mr. Miera stated he will follow-up with the Police Department and Code Enforcement on these issues.
|
| C.
| Parking Spaces near Dunn Parking Lot | |
| |
Mr. Miera stated there are approximately 10 parking spaces to the south of Dunn Parking Lot near the public restrooms that are not currently metered. He stated there has been a request to rent those parking spaces to area merchants on a long term basis for designated parking.
Mayor Pro Tem Abeyta directed Mr. Miera to bring a proposal back to the Council for action.
|
| D.
| Youth Councilmember, Brooke Cisneros | |
| |
Mayor Pro Tem Abeyta and Councilmembers Sanchez, Quintana and Silva thanked Ms. Cisneros for her service as Youth Councilmember. They stated she did an outstanding job and always provided great input. In addition, they congratulated her on her graduation from Taos High School.
Ms. Cisneros thanked the Mayor and Councilmembers for the opportunity to represent the youth in the community. She stated it was a great experience.
|
| |
THIS ITEM WAS HEARD AFTER CITIZENS FORUM
Councilmember Quintana
made a motion to go into Executive Session pursuant to NMSA Section 10-15-1.H(7), meetings subject to attorney-client privilege pertaining to threatened or pending litigation in which the Town may become a participant concerning transactions involving certain lots in the Chamisa Verde Affordable Housing Subdivision.
Councilmember Silva seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
At 2:44 p.m., Councilmember Silva made a motion to come out of Executive Session and stated discussion in the Executive Session was limited to the item as it was called for. Councilmember Quintana seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| F.
| Allen Ferguson, Town Attorney
Possible action approving the filing of a complaint concerning transactions involving certain lots in the Chamisa Verde Affordable Housing Subdivision. | |
| |
THIS ITEM WAS HEARD AFTER CITIZENS FORUM
Councilmember Silva made a motion to approve the filing of a complaint concerning transactions involving certain lots in the Chamisa Verde Affordable Housing Subdivision. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
|
| |
A motion was made by
Councilmember Sanchez and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 3:55 p.m.
|
| APPROVED: | | ________________________________________ |
Darren M. Cordova, Mayor
| | | ATTEST: | | ________________________________________ |
Renee Lucero, Town Clerk
| | PLEASE NOTE: The Town of Taos records most Town Council Meetings via audio, however, only Regular Town Council Meetings and some Special Town Council Meetings, with controversial issues, are video recorded. Copies are available upon request at the Town Clerk's Office located at 400 Camino de la Placita (575-751-2005) at a fee of $5.00 for audio recordings and $10.00 for video recordings. |
|
|